Azemia v Attorney General (CS 70/2020) [2022] SCSC 1104 (25 March 2022)

Azemia v Attorney General (CS 70/2020) [2022] SCSC 1104 (25 March 2022)

The school, as custodian of the premises and things therein, owed a duty of care to students and failed to ensure live wires were insulated and inaccessible. The victim, being a minor without capacity of discernment, cannot be held contributorily negligent. The defendant is strictly liable for the injuries caused by...

Source-derived case information.

Citation
[2022] SCSC 1104
Parties
Plaintiff: F[…] Azemia; Defendant: Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 March 2022 9 December 2022 25 March 2022
Case Number
CS 70/2020
Procedural Posture
Civil / Judgment
Outcome
claim allowed
Legal Topics
Delict, Vicarious Liability, Duty of Care, Liability for Things in Custody, Contributory Negligence, Damages
Source Language
english
Tort Law Civil Liability Delict Vicarious Liability Duty of Care Liability for Things in Custody Contributory Negligence Damages

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Summary, issues, holding and outcome

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Parties

F[…] Azemia

Plaintiff

Attorney General

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for injuries sustained by the minor due to electrocution on school premises
  2. 2 Whether there was contributory negligence on the part of the victim

Ratio Decidendi

The school, as custodian of the premises and things therein, owed a duty of care to students and failed to ensure live wires were insulated and inaccessible. The victim, being a minor without capacity of discernment, cannot be held contributorily negligent. The defendant is strictly liable for the injuries caused by the exposed wire under Article 1384(1) of the Civil Code.

Court Disposition

claim allowed

Orders

  • Plaintiff awarded SCR 250,000 as damages with legal interest and costs.